[House Report 111-260]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-260

======================================================================



 
     AMENDING THE RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND 
     FACILITIES ACT TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO 
PARTICIPATE IN THE CITY OF HERMISTON, OREGON, WATER RECYCLING AND REUSE 
                    PROJECT, AND FOR OTHER PURPOSES

                                _______
                                

 September 21, 2009.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2741]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 2741) to amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act to authorize the Secretary 
of the Interior to participate in the City of Hermiston, 
Oregon, water recycling and reuse project, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 2741 is to amend the Reclamation 
Wastewater and Groundwater Study and Facilities Act to 
authorize the Secretary of the Interior to participate in the 
City of Hermiston, Oregon, water recycling and reuse project, 
and for other purposes.

                  Background and Need for Legislation

    H.R. 2741 would authorize limited federal financial 
assistance to the City of Hermiston's Recycled Water Plant 
(RWP) Improvement Project. When completed, upgrades to the RWP 
would produce a total of 3,400 acre-feet of water to be used to 
meet irrigation needs, as well as for environmental purposes.
    Currently, water discharge at the RWP is determined by 
season. From May through October, 1,700 acre-feet of discharge 
is treated pursuant to the State of Oregon's Class C water 
quality standard and spread over pastureland. Class C water can 
only be used for pastureland irrigation. During the November-
April period, the 1,700 acre-feet of water is also treated to a 
Class C level and discharged to the Umatilla River.
    The City of Hermiston is currently in compliance with all 
discharge requirements. A new National Pollutant Discharge 
Elimination System (NPDES) permit will be put into effect by 
December 2010. The current facility will not allow the city to 
meet the new required NPDES temperature limits. The City of 
Hermiston desires to use the Title XVI program to upgrade their 
facilities to meet the new pollution requirements and allow for 
more water recycling.
    H.R. 2741 would authorize the Secretary of the Interior to 
assist in upgrades to the RWP facility to produce Class A water 
standards. Class A water can be used for all irrigation 
purposes, not merely limited to pasture land irrigation. The 
water created would be supplied to the West End Irrigation 
District for irrigation purposes. Implementing this Title XVI 
project would allow additional water to stay within the 
Umatilla River to the benefit of the salmon fisheries and the 
environment. As a result of the proposed upgrade, during the 
winter months, higher quality water would be discharged into 
the Umatilla River. The federal government would be responsible 
for 25 percent of the total cost of the project, but is not 
responsible for the operation and maintenance of the facility.

                            Committee Action

    H.R. 2741 was introduced on June 4, 2009 by Rep. Greg 
Walden (R-OR). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water and Power. On July 21, 2009, the Subcommittee held a 
hearing on the bill.
    On September 10, 2009, the Subcommittee was discharged from 
further consideration of H.R. 2741 and the full Natural 
Resources Committee met to consider the bill. The bill was 
ordered favorably reported to the House of Representatives by 
unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Reclamation Wastewater 
and Groundwater Study and Facilities Act to authorize the 
Secretary of the Interior to participate in the City of 
Hermiston, Oregon, water recycling and reuse project.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 2741--A bill to amend the Reclamation Wastewater and Groundwater 
        Study and Facilities Act to authorize the Secretary of the 
        Interior to participate in the city of Hermiston, Oregon, water 
        recycling and reuse project

    Summary: H.R. 2741 would authorize the Bureau of 
Reclamation to participate in developing a project to reclaim 
and reuse groundwater in Hermiston, Oregon. Assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing H.R. 2741 would cost $6 million over the 2010-2014 
period. Enacting the legislation would not affect direct 
spending or revenues.
    H.R. 2741 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the federal government: The estimated 
budgetary impact of H.R. 2741 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2010     2011     2012     2013     2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................        6        0        0        0        0         6
Estimated Outlays.......................................        3        2        1        0        0         6
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2741 will be enacted near the beginning of fiscal year 2010 and 
that the federal share of the project's costs will be 
appropriated that year. Estimated outlays are based on 
historical spending patterns for similar water recycling 
projects.
    H.R. 2741 would authorize the Bureau of Reclamation to 
design, plan, and construct water recycling facilities in 
Hermiston, Oregon. The federal share of the project's costs 
would be limited to the lesser of 25 percent of the total 
project costs or $20 million.
    Based on information from the bureau, CBO estimates that 
the total cost of the project would be about $22 million. Under 
the bill, the federal share of the project's costs would be 
about $6 million; the remaining $16 million would be the 
responsibility of local governments as would ongoing operation 
and maintenance of the facility.
    Intergovernmental and private-sector impact: H.R. 2741 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The bill would benefit Hermiston, Oregon, 
by authorizing federal assistance for planning, designing, and 
constructing water facilities.
    Estimate prepared by: Federal Costs: Aurora Swanson; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 2741 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992

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SEC. 2. DEFINITION AND TABLE OF CONTENTS.

  For purposes of this Act, the term ``Secretary'' means the 
Secretary of the Interior.

                            TABLE OF CONTENTS

Sec. 1. Short title.
     * * * * * * *

        TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

Sec. 1601. Short title.
     * * * * * * *
Sec. 16__. City of Hermiston, Oregon, water recycling and reuse project.

           *       *       *       *       *       *       *


       TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

SEC. 1601. SHORT TITLE.

  This title may be referred to as the ``Reclamation Wastewater 
and Groundwater Study and Facilities Act''.

           *       *       *       *       *       *       *


SEC. 16__. CITY OF HERMISTON, OREGON, WATER RECYCLING AND REUSE 
                    PROJECT.

  (a) Authorization.--The Secretary, in cooperation with the 
City of Hermiston, Oregon, is authorized to participate in the 
design, planning, and construction of permanent facilities to 
reclaim and reuse water in the City of Hermiston, Oregon.
  (b) Cost Share.--The Federal share of the costs of the 
project described in subsection (a) shall not exceed 25 percent 
of the total cost.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project described in 
subsection (a).

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